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Proposed Decision <br />The Colorado Division of Minerals and Geology proposes to approve with <br />stipulations an application for renewal of a valid, existing permit. The <br />application was submitted by Cyprus Orchard Valley Coal Corporation. This <br />decision is based on a finding that the operations will comply with all <br />requirements of the Colorado State Program as found in the Colorado Surface <br />Coal Mining Reclamation Act, CcR.S. 34-33-101 et seq., and the Regulations <br />promulgated pursuant to the Act. If no request for a formal hearing is made <br />within thirty (30) days of the first publication of this proposed decision, <br />then this decision becomes final. The permit application, all supporting <br />documentation and the following stipulations or conditions will become a <br />binding part of the permit. A record of all previously required permit <br />stipulations can be found within the Division files. All stipulations not <br />listed below have been previously satisfied. <br />Stipulation No. 26 <br />One year after the completion of reclamation activities at the <br />loadout, the. operator shall compare the soil characteristics of <br />the reclaimed area with the adjacent undisturbed orchard areas to <br />verify that the hydrologic function of flood irrigability has been <br />restored. Such comparison should be in the form of infiltration, <br />permeability and texture studies. <br />Stipulation No. 27 <br />CWI shall submit right of entry information to MLRD for all <br />surface-affected lands within the permit area prior to extracting <br />coal beneath .these lands or otherwise affecting them. <br />Stipulation No. 28 <br />CWI shall complete the on-the-ground field verifications of surface <br />water resources on those lands for which right of entry has not <br />been obtained. The results of the survey shall be approved the the <br />Division prior to CWI undermining or otherwise affecting these <br />lands. <br />Stipulation No. 34 <br />Minimization of wildlife disturbance on the light use road which <br />runs between OVWM and the ventilation shaft/water storage tank <br />bench will be accomplished by: <br />a. Closing road to public use; <br />Limiting travel for routine maintenance activities <br />to between 10 a.m. and 2 p.m. during December, <br />January, March and April when big game animals are <br />present. <br />-5- <br />